Judgment

HEGDE, J.- The appellant was tried and convicted by the Sessions Judge of Kolaba for offences under Section 302 as well as under Section 376, I.P.C. For the former offence, he was sentenced to death and for the latter to suffer rigorous imprisonment for four years. The two sentences were ordered to run concurrently. In appeal the High Court of Maharashtra confirmed the judgment of the Trial Court. Thereafter the appellant has submitted this appeal from jail after obtaining special leave from this Court.

2. In brief, the prosecution case is that on October 13, 1967, the appellant raped and thereafter killed a young girl by name Lata aged about nine years at Alibagh in Kolaba District. The deceased was permanently living with her parents at Poona. Her mother herself and her younger brother had come to Alibagh where her grandmother lived, a few days before the occurrence. On the date of the occurrence it is said that the appellant came to the house of the grandmother of the deceased at about 4 p.m. and enquired for the maternal uncle of the deceased. On being told that he was not at home he (the appellant) left the place. Very soon thereafter, the deceased also left her house.